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1 - 10 of 12 (0.19 seconds)Section 394 in The Indian Penal Code, 1860 [Entire Act]
Article 226 in Constitution of India [Constitution]
Section 294 in The Indian Penal Code, 1860 [Entire Act]
Section 395 in The Indian Penal Code, 1860 [Entire Act]
Section 397 in The Indian Penal Code, 1860 [Entire Act]
Section 427 in The Indian Penal Code, 1860 [Entire Act]
Section 452 in The Indian Penal Code, 1860 [Entire Act]
Himatsing Shivsing vs The State Of Gujarat on 20 March, 1961
"21. Now, in this background of the entire prosecution case and
the evidence on record, can it be said that the common object
of the unlawful assembly was to commit an offence of dacoity.
Can it be said that the motive behind the crime was commission
of dacoity or whether the common object of the unlawful
assembly was to thrash the first informant for the reason that
he developed intimacy with Gitaben and got married with
Gitaben surreptitiously without seeking any permission from the
family members of Gitaben. This is the core issue which, prima
facie, needs to be considered in the appeal. However, prima
facie, I am of the view that without going much into
appreciation of evidence the conviction under Sections 395 and
397 appears to be unsustainable. I am of the view that the
Court owes a duty to consider, as to whether the accused has a
fair chance of succeeding in the appeal or not ? I may consider
my prima facie opinion in light of what has been explained by
the Division Bench of this High Court so far as Section 390 of
IPC is concerned. The Division Bench of this High Court, in the
case of Himatsing Shivsing v. The State of Gujarat,
reported in 1961 GLR 678, has observed as under:-